Full Text of SB2431 102nd General Assembly
SB2431 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2431 Introduced 2/26/2021, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/1A-16.1 | | 10 ILCS 5/1A-16.2 | | 10 ILCS 5/1A-16.7 | | 625 ILCS 5/2-105 | from Ch. 95 1/2, par. 2-105 |
|
Amends the Election Code. Makes changes to identification requirements for certain applications with the Secretary of State to serve as a dual-purpose application (to allow the applicant to register to vote or change the applicant's registered residence address or name as it appears on voter registration rolls). Provides that if an applicant provides the Secretary of State with an identification document demonstrating a lack of United States citizenship, the application shall not serve as a dual-purpose application. Provides that an agency that does not collect or cross-references reliable personal information indicating citizenship status may enter into an agreement with the State Board of Elections to transmit information that shall serve only to update an applicant's existing voter registration record. Allows the agency to transmit information on all clients who may be registered to vote with a clear indication that the information shall be used only for updates. Requires the Department of Healthcare and Family Services to, as permitted by applicable federal law, implement an automatic voter registration system for applicants for Illinois Medicaid no later than July 1, 2022. Makes other and conforming changes throughout the Code and in the Illinois Vehicle Code. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | SB2431 | | LRB102 16392 SMS 21781 b |
|
| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 1A-16.1, 1A-16.2, and 1A-16.7 as follows: | 6 | | (10 ILCS 5/1A-16.1) | 7 | | Sec. 1A-16.1. Automatic voter registration; Secretary of | 8 | | State. | 9 | | (a) The Office of the Secretary of State and the State | 10 | | Board of Elections, pursuant to an interagency contract and | 11 | | jointly-adopted rules, shall establish an automatic voter | 12 | | registration program that satisfies the requirements of this | 13 | | Section and other applicable law. | 14 | | (b) If , as part of an application, an application for | 15 | | renewal, a change of address form, or a recertification form | 16 | | for a driver's license, other than a temporary visitor's | 17 | | driver's license, or a State identification card issued by the | 18 | | Office of the Secretary of State , an applicant presents an | 19 | | identification document that demonstrates United States | 20 | | citizenship and is of age to register to vote, meets the | 21 | | requirements of the federal REAL ID Act of 2005, then that | 22 | | application shall serve as a dual-purpose application unless | 23 | | the applicant declines in accordance with subsection (g) of |
| | | SB2431 | - 2 - | LRB102 16392 SMS 21781 b |
|
| 1 | | Section 1A-16.7 . The dual-purpose application shall: | 2 | | (1) also serve as an application to register to vote | 3 | | in Illinois; and | 4 | | (2) allow an applicant to change the applicant's his | 5 | | or her registered residence address or name as it appears | 6 | | on the voter registration rolls . ; | 7 | | (3) provide the applicant with an opportunity to | 8 | | affirmatively decline to register to vote or to change his | 9 | | or her registered residence address or name by providing a | 10 | | check box on the application form without requiring the | 11 | | applicant to state the reason; and | 12 | | (4) unless the applicant declines to register to vote | 13 | | or change his or her registered residence address or name, | 14 | | require the applicant to attest, by signature under | 15 | | penalty of perjury as described in subsection (e) of this | 16 | | Section, to meeting the qualifications to register to vote | 17 | | in Illinois at his or her residence address as indicated | 18 | | on his or her driver's license or identification card | 19 | | dual-purpose application. | 20 | | (b-5) If , as part of an application, an application for | 21 | | renewal, a change of address form, or a recertification form | 22 | | for a driver's license, other than a temporary visitor's | 23 | | driver's license, or a State identification card issued by the | 24 | | Office of the Secretary of State , an applicant presents an | 25 | | identification document that neither demonstrates United | 26 | | States citizenship nor demonstrates lack of United States |
| | | SB2431 | - 3 - | LRB102 16392 SMS 21781 b |
|
| 1 | | citizenship, does not meet the requirements of the federal | 2 | | REAL ID Act of 2005, then that application shall serve as a | 3 | | dual-purpose application. The dual-purpose application shall: | 4 | | (1) also serve as an application to register to vote | 5 | | in Illinois; | 6 | | (2) allow an applicant to change his or her registered | 7 | | residence address or name as it appears on the voter | 8 | | registration rolls; and | 9 | | (3) if the applicant chooses to register to vote or to | 10 | | change his or her registered residence address or name, | 11 | | then require the applicant to attest, by a separate | 12 | | signature under penalty of perjury, to meeting the | 13 | | qualifications to register to vote in Illinois at his or | 14 | | her residence address as indicated on his or her | 15 | | dual-purpose application. | 16 | | (b-10) (Blank). The Office of the Secretary of State shall | 17 | | clearly and conspicuously inform each applicant in writing: | 18 | | (i) of the qualifications to register to vote in Illinois, | 19 | | (ii) of the penalties provided by law for submission of a false | 20 | | voter registration application, (iii) that, unless the | 21 | | applicant declines to register to vote or update his or her | 22 | | voter registration, his or her dual-purpose application shall | 23 | | also serve as both an application to register to vote and his | 24 | | or her attestation that he or she meets the eligibility | 25 | | requirements for voter registration, and that his or her | 26 | | application to register to vote or update his or her |
| | | SB2431 | - 4 - | LRB102 16392 SMS 21781 b |
|
| 1 | | registration will be transmitted to the State Board of | 2 | | Elections for the purpose of registering the person to vote at | 3 | | the residence address to be indicated on his or her driver's | 4 | | license or identification card, and (iv) that declining to | 5 | | register to vote is confidential and will not affect any | 6 | | services the person may be seeking from the Office of the | 7 | | Secretary of State. | 8 | | (c) The Office of the Secretary of State shall review | 9 | | information provided to the Office of the Secretary of State | 10 | | by the State Board of Elections to inform each applicant under | 11 | | subsection (b-5) for a driver's license or permit, other than | 12 | | a temporary visitor's driver's license, or a State | 13 | | identification card issued by the Office of the Secretary of | 14 | | State whether the applicant is currently registered to vote in | 15 | | Illinois and, if registered, at what address. | 16 | | (d) The Office of the Secretary of State shall not require | 17 | | an applicant for a driver's license or State identification | 18 | | card to provide duplicate identification or information in | 19 | | order to complete an application to register to vote or change | 20 | | his or her registered residence address or name. Before | 21 | | transmitting any personal information about an applicant to | 22 | | the State Board of Elections, the Office of the Secretary of | 23 | | State shall review its records of the identification documents | 24 | | the applicant provided in order to complete the application | 25 | | for a driver's license or State identification card, to | 26 | | confirm that nothing in those documents indicates that the |
| | | SB2431 | - 5 - | LRB102 16392 SMS 21781 b |
|
| 1 | | applicant does not satisfy the qualifications to register to | 2 | | vote in Illinois at his or her residence address. If an | 3 | | applicant provides the Secretary of State with an | 4 | | identification document demonstrating a lack of United States | 5 | | citizenship, the application shall not serve as a dual-purpose | 6 | | application under this Section. | 7 | | (e) A completed, signed application for (i) a driver's | 8 | | license or permit, other than a temporary visitor's driver's | 9 | | license, or a State identification card issued by the Office | 10 | | of the Secretary of State as part of which an applicant | 11 | | presents an identification document that demonstrates that the | 12 | | applicant is a United States citizen and is of age to register | 13 | | to vote , that meets the requirements of the federal REAL ID Act | 14 | | of 2005; or (ii) a completed application under subsection | 15 | | (b-5) of this Section with a separate signature attesting the | 16 | | applicant meets the qualifications to register to vote in | 17 | | Illinois at his or her residence address as indicated on his or | 18 | | her application shall constitute a signed application to | 19 | | register to vote in Illinois at the residence address | 20 | | indicated in the application unless the person affirmatively | 21 | | declined in the application to register to vote or to change | 22 | | his or her registered residence address or name . If the | 23 | | identification documents provided to complete the dual-purpose | 24 | | application indicate that he or she does not satisfy the | 25 | | qualifications to register to vote in Illinois at his or her | 26 | | residence address, the application shall be marked as |
| | | SB2431 | - 6 - | LRB102 16392 SMS 21781 b |
|
| 1 | | incomplete. | 2 | | (f) For each completed and signed application that | 3 | | constitutes an application to register to vote in Illinois or | 4 | | provides for a change in the applicant's registered residence | 5 | | address or name, the Office of the Secretary of State shall | 6 | | electronically transmit to the State Board of Elections | 7 | | personal information needed to complete the person's | 8 | | registration to vote in Illinois at his or her residence | 9 | | address , including the applicant's choice of language other | 10 | | than English during the licensing transaction . The application | 11 | | to register to vote shall be processed in accordance with | 12 | | Section 1A-16.7. | 13 | | (g) (Blank). If the federal REAL ID Act of 2005 is | 14 | | repealed, abrogated, superseded, or otherwise no longer in | 15 | | effect, then the State Board of Elections shall establish | 16 | | criteria for determining reliable personal information | 17 | | indicating citizenship status and shall adopt rules as | 18 | | necessary for the Secretary of State to continue processing | 19 | | dual-purpose applications under this Section. | 20 | | (h) As used in this Section, "dual-purpose application" | 21 | | means an application, an application for renewal, a change of | 22 | | address form, or a recertification form for driver's license | 23 | | or permit, other than a temporary visitor's driver's license, | 24 | | or a State identification card offered by the Secretary of | 25 | | State that also serves as an application to register to vote in | 26 | | Illinois. "Dual-purpose application" does not mean an |
| | | SB2431 | - 7 - | LRB102 16392 SMS 21781 b |
|
| 1 | | application under subsection (c) of Section 6-109 of the | 2 | | Illinois Vehicle Code.
| 3 | | (Source: P.A. 100-464, eff. 8-28-17.) | 4 | | (10 ILCS 5/1A-16.2) | 5 | | Sec. 1A-16.2. Automatic voter registration; designated | 6 | | automatic voter registration agencies. | 7 | | (a) Each designated automatic voter registration agency | 8 | | shall, pursuant to an interagency contract and jointly-adopted | 9 | | rules with the State Board of Elections, agree to participate | 10 | | in an automatic voter registration program established by the | 11 | | State Board of Elections that satisfies the requirements of | 12 | | this Section and other applicable law. If the designated | 13 | | automatic voter registration agency provides applications, | 14 | | applications for renewal, change of address forms, filing, or | 15 | | recertification forms to individuals for services offered by | 16 | | another agency, then the State Board of Elections and the | 17 | | designated automatic voter agency shall consult with the other | 18 | | agency. The State Board of Elections shall consider the | 19 | | current technological capabilities of the designated voter | 20 | | registration agency when drafting interagency contracts and | 21 | | jointly-adopted rules. The State Board of Elections and the | 22 | | designated automatic voter registration agency shall amend | 23 | | these contracts and rules as the technological capabilities of | 24 | | the designated voter registration agencies improve. | 25 | | (b) As provided in subsection (a) of this Section, each |
| | | SB2431 | - 8 - | LRB102 16392 SMS 21781 b |
|
| 1 | | designated automatic voter registration agency that collects | 2 | | or cross-references reliable personal information indicating | 3 | | citizenship status may provide that an application for a | 4 | | license, permit, program, or service shall serve as a | 5 | | dual-purpose application. The dual-purpose application shall: | 6 | | (1) also serve as an application to register to vote | 7 | | in Illinois; and | 8 | | (2) allow an applicant to change the applicant's his | 9 | | or her registered residence address or name as it appears | 10 | | on the voter registration rolls . ; | 11 | | (3) provide the applicant with an opportunity to | 12 | | affirmatively decline to register to vote or change his or | 13 | | her registered residence address or name by providing a | 14 | | check box on the application form without requiring the | 15 | | applicant to state the reason; and | 16 | | (4) unless the applicant declines to register to vote | 17 | | or to change his or her registered residence address or | 18 | | name, require the applicant to attest, by signature under | 19 | | penalty of perjury, to meeting the qualifications to | 20 | | register to vote in Illinois at his or her residence | 21 | | address as indicated on his or her dual-purpose | 22 | | application. | 23 | | (c) As provided in subsection (a) of this Section, each | 24 | | designated automatic voter registration agency that does not | 25 | | collect or cross-reference records containing reliable | 26 | | personal information indicating citizenship status may provide |
| | | SB2431 | - 9 - | LRB102 16392 SMS 21781 b |
|
| 1 | | that an application, an application for renewal, a change of | 2 | | address form, or a recertification form for a license, permit, | 3 | | program, or service shall serve as a dual-purpose application. | 4 | | The dual-purpose application shall: | 5 | | (1) also serve as an application to register to vote | 6 | | in Illinois; | 7 | | (2) allow an applicant to change his or her registered | 8 | | residence address or name as it appears on the voter | 9 | | registration rolls; and | 10 | | (3) if the applicant chooses to register to vote or to | 11 | | change his or her registered residence address or name, | 12 | | then require the applicant to attest, by a separate | 13 | | signature under penalty of perjury, to meeting the | 14 | | qualifications to register to vote in Illinois at his or | 15 | | her residence address as indicated on his or her | 16 | | dual-purpose application. | 17 | | (c-5) (Blank). The designated automatic voter registration | 18 | | agency shall clearly and conspicuously inform each applicant | 19 | | in writing: (i) of the qualifications to register to vote in | 20 | | Illinois, (ii) of the penalties provided by law for submission | 21 | | of a false voter registration application, (iii) that, unless | 22 | | the applicant declines to register to vote or update his or her | 23 | | voter registration, his or her application shall also serve as | 24 | | both an application to register to vote and his or her | 25 | | attestation that he or she meets the eligibility requirements | 26 | | for voter registration, and that his or her application to |
| | | SB2431 | - 10 - | LRB102 16392 SMS 21781 b |
|
| 1 | | register to vote or update his or her registration will be | 2 | | transmitted to the State Board of Elections for the purpose of | 3 | | registering the person to vote at the residence address to be | 4 | | indicated on the dual-purpose application, (iv) that | 5 | | information identifying the agency at which he or she applied | 6 | | to register to vote is confidential, (v) that declining to | 7 | | register to vote is confidential and will not affect any | 8 | | services the person may be seeking from the agency, and (vi) | 9 | | any additional information needed in order to comply with | 10 | | Section 7 of the federal National Voter Registration Act of | 11 | | 1993. | 12 | | (d) The designated automatic voter registration agency | 13 | | shall review information provided to the agency by the State | 14 | | Board of Elections to inform each applicant covered by | 15 | | subsection (c) whether the applicant is currently registered | 16 | | to vote in Illinois and, if registered, at what address. | 17 | | (e) The designated automatic voter registration agency | 18 | | shall not require an applicant for a dual-purpose application | 19 | | to provide duplicate identification or information in order to | 20 | | complete an application to register to vote or change his or | 21 | | her registered residence address or name. Before transmitting | 22 | | any personal information about an applicant to the State Board | 23 | | of Elections, the agency shall review its records of the | 24 | | identification documents the applicant provided or that the | 25 | | agency cross-references in order to complete the dual-purpose | 26 | | application, to confirm that nothing in those documents |
| | | SB2431 | - 11 - | LRB102 16392 SMS 21781 b |
|
| 1 | | indicates that the applicant does not satisfy the | 2 | | qualifications to register to vote in Illinois at his or her | 3 | | residence address. A completed and signed dual-purpose | 4 | | application, including a completed application under | 5 | | subsection (c) of this Section with a separate signature | 6 | | attesting that the applicant meets the qualifications to | 7 | | register to vote in Illinois at his or her residence address as | 8 | | indicated on his or her application, shall constitute an | 9 | | application to register to vote in Illinois at the residence | 10 | | address indicated in the application unless the person | 11 | | affirmatively declined in the application to register to vote | 12 | | or to change his or her registered residence address or name . | 13 | | If the identification documents provided to complete the | 14 | | dual-purpose application, or that the agency cross-references, | 15 | | indicate that he or she does not satisfy the qualifications to | 16 | | register to vote in Illinois at his or her residence address, | 17 | | the application shall be marked as incomplete. | 18 | | (f) For each completed and signed dual-purpose application | 19 | | that constitutes an application to register to vote in | 20 | | Illinois or provides for a change in the applicant's | 21 | | registered residence address or name, the designated automatic | 22 | | voter registration agency shall electronically transmit to the | 23 | | State Board of Elections personal information needed to | 24 | | complete the person's registration to vote in Illinois at his | 25 | | or her residence address. The application to register to vote | 26 | | shall be processed in accordance with Section 1A-16.7. |
| | | SB2431 | - 12 - | LRB102 16392 SMS 21781 b |
|
| 1 | | (f-5) An agency that does not collect or cross-references | 2 | | reliable personal information indicating citizenship status | 3 | | may enter into an agreement with the State Board of Elections | 4 | | to transmit information that shall serve only to update an | 5 | | applicant's existing voter registration record. The agency | 6 | | shall transmit information on all clients who may be | 7 | | registered to vote with a clear indication that the | 8 | | information shall be used only for updates. The State Board of | 9 | | Elections shall determine which applicants are already | 10 | | registered to vote and update a registered voter's records in | 11 | | accordance with the procedures in Section 1A-16.7 but shall | 12 | | take no action for any applicant not already registered to | 13 | | vote. | 14 | | (g) As used in this Section: | 15 | | "Designated automatic voter registration agency" or | 16 | | "agency" means the divisions of Family and Community | 17 | | Services and Rehabilitation Services of the Department of | 18 | | Human Services, the Department of Employment Security, the | 19 | | Department of Financial and Professional Regulation, the | 20 | | Department of Natural Resources, or an agency of the | 21 | | State , local, tribal, or federal government that has been | 22 | | determined by the State Board of Elections to have access | 23 | | to reliable personal information and has entered into an | 24 | | interagency contract with the State Board of Elections to | 25 | | participate in the automatic voter registration program | 26 | | under this Section. If an agency under this Section |
| | | SB2431 | - 13 - | LRB102 16392 SMS 21781 b |
|
| 1 | | collects or cross-references reliable personal information | 2 | | indicating citizenship status for more than one person | 3 | | listed on an application for a license, permit, program, | 4 | | or service, each person for whom the agency collects or | 5 | | cross-references reliable personal information indicating | 6 | | citizenship status shall be considered an applicant under | 7 | | this Section and the application shall serve as a | 8 | | dual-purpose application for each such person. | 9 | | "Dual-purpose application" means an application, an | 10 | | application for renewal, a change of address form, or a | 11 | | recertification form for a license, permit, program, or | 12 | | service offered by a designated automatic voter | 13 | | registration agency that also serves as an application to | 14 | | register to vote in Illinois. | 15 | | "Reliable personal information" means information | 16 | | about individuals obtained from government sources that | 17 | | may be used to verify whether an individual is eligible to | 18 | | register to vote. | 19 | | (h) This Section shall be implemented no later than July | 20 | | 1, 2019. | 21 | | (i) The Department of Healthcare and Family Services shall | 22 | | implement, as permitted by applicable federal law, an | 23 | | automatic voter registration system under this Section for | 24 | | applicants for Illinois Medicaid no later than July 1, 2022.
| 25 | | (Source: P.A. 100-464, eff. 8-28-17.) |
| | | SB2431 | - 14 - | LRB102 16392 SMS 21781 b |
|
| 1 | | (10 ILCS 5/1A-16.7) | 2 | | Sec. 1A-16.7. Automatic voter registration. | 3 | | (a) The State Board of Elections shall establish and | 4 | | maintain a portal for automatic government agency voter | 5 | | registration that permits an eligible person to electronically | 6 | | apply to register to vote or to update his or her existing | 7 | | voter registration as provided in Section 1A-16.1 or Section | 8 | | 1A-16.2. The portal shall interface with the online voter | 9 | | registration system established in Section 1A-16.5 of this | 10 | | Code and shall be capable of receiving and processing voter | 11 | | registration application information, including electronic | 12 | | signatures, from the Office of the Secretary of State and each | 13 | | designated automatic voter registration agency, as defined in | 14 | | Section 1A-16.2. The State Board of Elections may | 15 | | cross-reference voter registration information from any | 16 | | designated automatic voter registration agency, as defined | 17 | | under Section 1A-16.2 of this Code, with information contained | 18 | | in the database of the Secretary of State as provided under | 19 | | subsection (c) of Section 1A-16.5 of this Code. The State | 20 | | Board of Elections shall modify the online voter registration | 21 | | system as necessary to implement this Section. | 22 | | (b) Voter registration data received from the Office of | 23 | | the Secretary of State or a designated automatic voter | 24 | | registration agency through the online registration | 25 | | application system shall be processed as provided in Section | 26 | | 1A-16.5 of this Code. |
| | | SB2431 | - 15 - | LRB102 16392 SMS 21781 b |
|
| 1 | | (c) The State Board of Elections shall establish technical | 2 | | specifications applicable to each automatic government | 3 | | registration program, including data format and transmission | 4 | | specifications. The Office of the Secretary of State and each | 5 | | designated automatic voter registration agency shall maintain | 6 | | a data transfer mechanism capable of transmitting voter | 7 | | registration application information, including electronic | 8 | | signatures where available, to the online voter registration | 9 | | system established in Section 1A-16.5 of this Code. | 10 | | (d) The State Board of Elections shall, by rule, establish | 11 | | criteria and procedures for determining whether an agency of | 12 | | the State or federal government seeking to become a designated | 13 | | automatic voter registration agency has access to reliable | 14 | | personal information, as defined under this subsection (d) and | 15 | | subsection (f) of Section 1A-16.2 of this Code, and otherwise | 16 | | meets the requirements to enter into an interagency contract | 17 | | and to operate as a designated automatic voter registration | 18 | | agency. The State Board of Elections shall approve each | 19 | | interagency contract upon affirmative vote of a majority of | 20 | | its members. | 21 | | As used in this subsection (d), "reliable personal | 22 | | information" means information about individuals obtained from | 23 | | government sources that may be used to verify whether an | 24 | | individual is eligible to register to vote. | 25 | | (e) Whenever an applicant's data is transferred from the | 26 | | Office of the Secretary of State or a designated automatic |
| | | SB2431 | - 16 - | LRB102 16392 SMS 21781 b |
|
| 1 | | voter registration agency, the agency must transmit a | 2 | | signature image if available. If no signature image was | 3 | | provided by the agency, and or if no signature image is | 4 | | available in the Office of the Secretary of State's database , | 5 | | or the statewide voter registration database, or other | 6 | | database available to the State Board of Elections, the | 7 | | applicant must be notified that his or her registration will | 8 | | remain in a pending status until the applicant: , and the | 9 | | applicant will be required to | 10 | | (i) provides provide identification that | 11 | | complies with the federal Help America Vote Act of | 12 | | 2002 and a signature to the election authority on | 13 | | election day in the polling place or during early | 14 | | voting ; . | 15 | | (ii) provides identification that complies | 16 | | with the federal Help America Vote Act of 2002 and | 17 | | a signature with a mail ballot, or provides a | 18 | | signature according to the procedures in | 19 | | subsection (g-5) of Section 19-8; or | 20 | | (iii) provides a signature in response to the | 21 | | notice described in subsection (g) or by other | 22 | | paper or electronic means determined by the State | 23 | | Board of Elections. | 24 | | (f) Upon receipt of personal information collected and | 25 | | transferred by the Office of the Secretary of State or a | 26 | | designated automatic voter registration agency, the State |
| | | SB2431 | - 17 - | LRB102 16392 SMS 21781 b |
|
| 1 | | Board of Elections shall check the information against the | 2 | | statewide voter registration database. The State Board of | 3 | | Elections shall create and electronically transmit to the | 4 | | appropriate election authority a voter registration | 5 | | application for any individual who is not registered to vote | 6 | | in Illinois and is not disqualified as provided in this | 7 | | Section or whose information reliably indicates a more recent | 8 | | update to the name or address of a person already included in | 9 | | the statewide voter database. The election authority shall | 10 | | process the application accordingly. | 11 | | (g) The appropriate election authority shall ensure that | 12 | | any applicant who is registered to vote or whose existing | 13 | | voter registration is updated under this Section is promptly | 14 | | sent written notice of the change. The notice required by this | 15 | | subsection (g) may be sent or combined with other notices | 16 | | required or permitted by law, including, but not limited to, | 17 | | any notices sent pursuant to Section 1A-16.5 of this Code. Any | 18 | | notice required by this subsection (g) shall contain, at a | 19 | | minimum: (i) the applicant's name and residential address as | 20 | | reflected on the voter registration list; (ii) a statement | 21 | | notifying the applicant to contact the appropriate election | 22 | | authority if his or her voter registration has been updated in | 23 | | error; (ii) (iii) the qualifications to register to vote in | 24 | | Illinois; (iv) a statement notifying the applicant that he or | 25 | | she may opt out of voter registration or request a change to | 26 | | his or her registration information at any time by contacting |
| | | SB2431 | - 18 - | LRB102 16392 SMS 21781 b |
|
| 1 | | an election official; and (iii) (v) contact information for | 2 | | the appropriate election authority, including a phone number, | 3 | | address, electronic mail address, and website address. For an | 4 | | applicant newly registered pursuant to subsection (b) of | 5 | | Section 1A-16.1 or subsection (b) Section 1A-16.2, the notice | 6 | | shall contain: (i) a notice that the individual is registered | 7 | | to vote unless the individual declines to be registered and | 8 | | that if the person wishes to decline to be registered, he or | 9 | | she may return a postage-prepaid notice of declination; (ii) | 10 | | the notices required by Section 5(c)(2) of the National Voter | 11 | | Registration Act of 1993; and (iii) a postage-prepaid | 12 | | opportunity to affiliate with a political party, provide a | 13 | | signature pursuant to subsection (e), and select a language | 14 | | for election materials if applicable to the jurisdiction. For | 15 | | an existing registrant whose information has been updated, the | 16 | | notice shall include a postage-prepaid opportunity to indicate | 17 | | his or her voter registration has been updated in error. | 18 | | (g-5) If an applicant newly registered pursuant to | 19 | | subsection (b) of Section 1A-16.1 or subsection (b) of Section | 20 | | 1A-16.2 returns the notice described in subsection (g) | 21 | | declining to be registered, the applicant's information shall | 22 | | be removed from the statewide voter registration database and | 23 | | if such declination form is received back to the election | 24 | | authority within 21 days after mailing the notice, the | 25 | | applicant shall be deemed never to have been registered. | 26 | | (h) The appropriate election authority shall ensure that |
| | | SB2431 | - 19 - | LRB102 16392 SMS 21781 b |
|
| 1 | | any applicant whose voter registration application is not | 2 | | accepted or deemed incomplete is promptly sent written notice | 3 | | of the application's status. The notice required by this | 4 | | subsection may be sent or combined with other notices required | 5 | | or permitted by law, including, but not limited to, any | 6 | | notices sent pursuant to Section 1A-16.5 of this Code. Any | 7 | | notice required by this subsection (h) shall contain, at a | 8 | | minimum, the reason the application was not accepted or deemed | 9 | | incomplete and contact information for the appropriate | 10 | | election authority, including a phone number, address, | 11 | | electronic mail address, and website address. | 12 | | (i) If the Office of the Secretary of State or a designated | 13 | | automatic voter registration agency transfers information, or | 14 | | if the State Board of Elections creates and transmits a voter | 15 | | registration application, for a person who does not qualify as | 16 | | an eligible voter, then it shall not constitute a completed | 17 | | voter registration form, and the person shall not be | 18 | | considered to have registered to vote. | 19 | | (j) If the registration is processed by any election | 20 | | authority, then it shall be presumed to have been effected and | 21 | | officially authorized by the State, and that person shall not | 22 | | be found on that basis to have made a false claim to | 23 | | citizenship or to have committed an act of moral turpitude, | 24 | | nor shall that person be subject to penalty under any relevant | 25 | | laws, including, but not limited to, Sections 29-10 and 29-19 | 26 | | of this Code. This subsection (j) does not apply to a person |
| | | SB2431 | - 20 - | LRB102 16392 SMS 21781 b |
|
| 1 | | who knows that he or she is not entitled to register to vote | 2 | | and who willfully votes, registers to vote, or attests under | 3 | | penalty of perjury that he or she is eligible to register to | 4 | | vote or willfully attempts to vote or to register to vote. | 5 | | (k) The State Board of Elections, the Office of the | 6 | | Secretary of State, and each designated automatic voter | 7 | | registration agency shall implement policies and procedures to | 8 | | protect the privacy and security of voter information as it is | 9 | | acquired, stored, and transmitted among agencies, including | 10 | | policies for the retention and preservation of voter | 11 | | information. Information designated as confidential under this | 12 | | Section may be recorded and shared among the State Board of | 13 | | Elections, election authorities, the Office of the Secretary | 14 | | of State, and designated automatic voter registration | 15 | | agencies, but shall be used only for voter registration | 16 | | purposes, shall not be disclosed to the public except in the | 17 | | aggregate as required by subsection (m) of this Section, and | 18 | | shall not be subject to the Freedom of Information Act. The | 19 | | following information shall be designated as confidential: | 20 | | (1) any portion of an applicant's Social Security | 21 | | number; | 22 | | (2) any portion of an applicant's driver's license | 23 | | number or State identification number; | 24 | | (3) an applicant's decision to decline voter | 25 | | registration; | 26 | | (4) the identity of the person providing information |
| | | SB2431 | - 21 - | LRB102 16392 SMS 21781 b |
|
| 1 | | relating to a specific applicant; and | 2 | | (5) the personal residence and contact information of | 3 | | any applicant for whom notice has been given by an | 4 | | appropriate legal authority ; and . | 5 | | (6) the personal residence and contact information | 6 | | relating to an applicant who returns a notice under | 7 | | subsection (g) declining to register to vote and received | 8 | | back to the election authority within 21 days after | 9 | | mailing such a notice or for whom such a 21-day period has | 10 | | not passed. | 11 | | This subsection (k) shall not apply to information the | 12 | | State Board of Elections is required to share with the | 13 | | Electronic Registration Information Center. | 14 | | (l) The voter registration procedures implemented under | 15 | | this Section shall comport with the federal National Voter | 16 | | Registration Act of 1993, as amended, and shall specifically | 17 | | require that the State Board of Elections track registration | 18 | | data received through the online registration system that | 19 | | originated from a designated automatic voter registration | 20 | | agency for the purposes of maintaining statistics. | 21 | | Nothing in this Code shall require designated voter | 22 | | registration agencies to transmit information that is | 23 | | confidential client information under State or federal law | 24 | | without the consent of the applicant. | 25 | | (m) The State Board of Elections, each election authority | 26 | | that maintains a website, the Office of the Secretary of |
| | | SB2431 | - 22 - | LRB102 16392 SMS 21781 b |
|
| 1 | | State, and each designated automatic voter registration agency | 2 | | that maintains a website shall provide information on their | 3 | | websites informing the public about the new registration | 4 | | procedures described in this Section. The Office of the | 5 | | Secretary of State and each designated automatic voter | 6 | | registration agency shall display signage or provide | 7 | | literature for the public containing information about the new | 8 | | registration procedures described in this Section. | 9 | | (n) No later than 6 months after the effective date of this | 10 | | amendatory Act of the 100th General Assembly, the State Board | 11 | | of Elections shall hold at least one public hearing on | 12 | | implementing this amendatory Act of the 100th General Assembly | 13 | | at which the public may provide input. | 14 | | (o) The State Board of Elections shall submit an annual | 15 | | public report to the General Assembly and the Governor | 16 | | detailing the progress made to implement this Section. The | 17 | | report shall include all of the following: the number of | 18 | | records transferred under this Section by agency, the number | 19 | | of voters newly added to the statewide voter registration list | 20 | | because of records transferred under this Section by agency, | 21 | | the number of updated registrations under this Section by | 22 | | agency, the number of persons who opted out of voter | 23 | | registration, and the number of voters who submitted voter | 24 | | registration forms using the online procedure described in | 25 | | Section 1A-16.5 of this Code. The 2018 and 2019 annual reports | 26 | | may include less detail if election authorities are not |
| | | SB2431 | - 23 - | LRB102 16392 SMS 21781 b |
|
| 1 | | equipped to provide complete information to the State Board of | 2 | | Elections. Any report produced under this subsection (o) shall | 3 | | exclude any information that identifies any individual | 4 | | personally. | 5 | | (p) The State Board of Elections, in consultation with | 6 | | election authorities, the Office of the Secretary of State, | 7 | | designated automatic voter registration agencies, and | 8 | | community organizations, shall adopt rules as necessary to | 9 | | implement the provisions of this Section.
| 10 | | (Source: P.A. 100-464, eff. 8-28-17.)
| 11 | | Section 10. The Illinois Vehicle Code is amended by | 12 | | changing Section 2-105 as follows:
| 13 | | (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
| 14 | | Sec. 2-105. Offices of Secretary of State. | 15 | | (a) The Secretary of State shall maintain offices in the | 16 | | State capital and
in such other places in the State as he may | 17 | | deem necessary to properly
carry out the powers and duties | 18 | | vested in him.
| 19 | | (b) The Secretary of State may construct and equip one or | 20 | | more buildings in
the State of Illinois outside of the County | 21 | | of Sangamon as he deems
necessary to properly carry out the | 22 | | powers and duties vested in him. The
Secretary of State may, on | 23 | | behalf of the State of Illinois, acquire public
or private | 24 | | property needed therefor by lease, purchase or eminent domain.
|
| | | SB2431 | - 24 - | LRB102 16392 SMS 21781 b |
|
| 1 | | The care, custody and control of such sites and buildings | 2 | | constructed
thereon shall be vested in the Secretary of State. | 3 | | Expenditures for the
construction and equipping of any of such | 4 | | buildings upon premises owned by
another public entity shall | 5 | | not be subject to the provisions of any State
law requiring | 6 | | that the State be vested with absolute fee title to the
| 7 | | premises. The exercise of the authority vested in the | 8 | | Secretary of State by
this Section is subject to the | 9 | | appropriation of the necessary funds.
| 10 | | (c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of | 11 | | the Election Code,
the Secretary of State shall make driver | 12 | | services facilities available for use as places of accepting | 13 | | applications for voter registration.
| 14 | | (d) (Blank).
| 15 | | (e) Each person applying at a driver services facility for | 16 | | a driver's
license or permit, a corrected driver's license or | 17 | | permit, an Illinois
identification card or a corrected | 18 | | Illinois identification card
shall be notified, under the | 19 | | procedures set forth in Sections 1A-16.1 and 1A-16.7 of the | 20 | | Election Code, that unless he or she affirmatively declines, | 21 | | his or her personal information shall be transferred to the | 22 | | State Board of Elections for the purpose of creating an | 23 | | electronic voter registration application. Such notification | 24 | | may be made in
writing or verbally issued by an employee or the | 25 | | Secretary of State.
| 26 | | The Secretary of State shall promulgate such rules as may |
| | | SB2431 | - 25 - | LRB102 16392 SMS 21781 b |
|
| 1 | | be necessary
for the efficient execution of his duties and the | 2 | | duties of his employees
under this Section.
| 3 | | (f) Any person applying at a driver services facility for | 4 | | issuance or renewal of a driver's license or Illinois | 5 | | Identification Card shall be provided, without charge, with a | 6 | | brochure warning the person of the dangers of financial | 7 | | identity theft. The Department of Financial and Professional | 8 | | Regulation shall prepare these brochures and provide them to | 9 | | the Secretary of State for distribution. The brochures shall | 10 | | (i) identify signs warning the reader that he or she might be | 11 | | an intended victim of the crime of financial identity theft, | 12 | | (ii) instruct the reader in how to proceed if the reader | 13 | | believes that he or she is the victim of the crime of identity | 14 | | theft, and (iii) provide the reader with names and telephone | 15 | | numbers of law enforcement and other governmental agencies | 16 | | that provide assistance to victims of financial identity | 17 | | theft. | 18 | | (g) The changes made by this amendatory Act of the 100th | 19 | | General Assembly shall be implemented no later than July 1, | 20 | | 2018. | 21 | | (Source: P.A. 100-464, eff. 8-28-17.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
|
|